Maine Revised Statutes Title 30-A Sec. 4369 – Land use permit approval
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Terms Used In Maine Revised Statutes Title 30-A Sec. 4369
- Comprehensive economic impact study: means a municipal study that estimates the effects of a large-scale retail development on the local economy, downtown and community pursuant to section 4367, subsection 4. See Maine Revised Statutes Title 30-A Sec. 4366
- Development: means a change in land use involving alteration of the land, water or vegetation, or the addition or alteration of structures or other construction not naturally occurring. See Maine Revised Statutes Title 30-A Sec. 4301
- Land use permit: means a municipal permit or approval required by a municipal land ordinance, site plan ordinance, subdivision ordinance, zoning ordinance or building permit ordinance or by the state subdivision law pursuant to subchapter 4. See Maine Revised Statutes Title 30-A Sec. 4366
- Large-scale retail development: means any retail business establishment having a gross floor area of 75,000 square feet or more in one or more buildings at the same location, and any expansion of an existing building or buildings that results in a retail business establishment's having a gross floor area of 75,000 square feet or more in one or more buildings except when the expansion of an existing retail business establishment is less than 20,000 square feet. See Maine Revised Statutes Title 30-A Sec. 4366
- Municipal reviewing authority: means the municipal planning board, agency or office or, if none, the municipal officers. See Maine Revised Statutes Title 30-A Sec. 4366
- Municipality: means a city or town, except as provided in chapter 225. See Maine Revised Statutes Title 30-A Sec. 2001
- Person: means an individual, corporation, partnership, firm, organization or other legal entity. See Maine Revised Statutes Title 30-A Sec. 2001
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Undue adverse impact: means that, within the comprehensive economic impact area, the estimated overall negative effects on the factors listed for consideration in section 4367, subsection 4 outweigh the estimated overall positive effects on those factors. See Maine Revised Statutes Title 30-A Sec. 4366
The municipal reviewing authority shall evaluate the impacts of the proposed large-scale retail development based on the comprehensive economic impact study; other materials submitted to the municipal reviewing authority by any person, including the applicant, state agencies, nonprofit organizations and members of the public; and testimony received during the public hearing under section 4368 to issue a finding of undue adverse impact or no undue adverse impact. The municipal reviewing authority may issue a land use permit for a large-scale retail development only if it determines that there is likely to be no undue adverse impact. [PL 2007, c. 347, §1 (NEW).]
Nothing in this Act may preclude a municipality from adopting an ordinance to authorize additional studies and criteria regarding the effects of a proposed large-scale retail development. The requirements of this Act are in addition to all other required federal, state and local land use permit processes that pertain to a proposed large-scale retail development. [PL 2007, c. 347, §1 (NEW).]
SECTION HISTORY
PL 2007, c. 347, §1 (NEW).